평균임금 확인 등
1. Of the instant lawsuit, the part concerning a claim for confirmation of average wages and a claim for payment of retirement allowances shall be dismissed, respectively.
2. The plaintiff.
Basic Facts
From November 1, 2015, the Plaintiff served as a taxi engineer of the Defendant Company.
On January 14, 2018, while operating a taxi at around 18:57, the Plaintiff caused an accident of shocking another vehicle in violation of the signal, and was diagnosed on January 16, 2018 with a cerebral chrochiscis on the right side.
On January 23, 2018, the Plaintiff submitted a resignation report to the Defendant and received retirement payment of KRW 2,969,000 as retirement allowance from the Defendant on January 13, 2018 (Evidence B-2), and around February 13, 2018.
On January 31, 2018, the Plaintiff applied for medical care benefits and temporary layoff benefits to the Korea Workers' Compensation and Welfare Service, and judged on June 28, 2018 by the Seoul Occupational Disease Determination Committee to recognize the above brain death certificate as an occupational disease under the Industrial Accident Compensation Insurance Act, but has not received temporary layoff benefits.
[Ground] A without dispute, Gap evidence Nos. 1 through 3 and Eul evidence Nos. 5 (including a provisional number), and the purport of the whole pleadings, the plaintiff claims confirmation of the average wage of the whole pleadings. Since the defendant's failure to submit data for calculating the average wage of the plaintiff to the Korea Workers' Compensation and Welfare Service and the Korea Workers' Compensation and Welfare Service suspends the payment of temporary disability compensation benefits against the plaintiff on the ground that it is impossible for the Korea Workers' Compensation and Welfare Service to calculate the average wage, the plaintiff claims confirmation of the average wage as stated in the purport of the claim against the defendant
The benefit of confirmation in a lawsuit for confirmation is recognized only when the plaintiff's right or legal status is the most effective and appropriate means to get a confirmation judgment in order to eliminate such a danger (see, e.g., Supreme Court Decision 2009Da67115, Sept. 8, 201). The plaintiff, as the plaintiff, failed to make a decision on the payment of temporary disability compensation benefits on the ground that it is impossible to calculate the average wage, etc., or refused the payment thereof.